Marcos vs.

Manglapus, 177 SCRA 668 (in scribed digest)

Marcos vs. Manglapus, [G.R. # 88211 September 15, 1989 ]

Facts: Ferdinand E. Marcos was deposed from the presidency and was forced into
exile. Corazon Aquinos ascension into presidency was challenged by failed coup
attempts as well as by plots of Marcos loyalists and the Marcoses themselves. Marcos,
in his deathbed, has signified his wish to return to the Philipppines to die. But President
Aquino, considering the dire consequences to the nation of his return has stood firmly on
the decision to bar the returnof Mr. Marcos and his family. Hence, this petition for
mandamus and prohibition asks the Courts to order the respondents to issue travel
documents to Mr. Marcos and the immediate members of his family and to enjoin the
implementation of the President's decision to bar their return to the Philippines.

Issues: Whether or not the President has the power to bar the return of Marcos to the
Philippines. Assuming that she has the power to bar, was there a finding made that there
is a clear and present danger to the public due to the return? And have the requirements
of due process been complied with in the making of the finding?

HELD: Petition Dismissed.

The request of the Marcoses must not be treated only in the light of constitutional
provisions, it must be treated as a matter that is appropriately addressed to those
residual unstated powers of the President which are implicit in to the paramount duty
residing in that office to safeguard and protect general welfare. Such request or demand
should submit to the exercise of a broader discretion on the part of the President to
determine whether it must be granted or denied.

It is found by the Court that from the pleadings filed by the parties, from their oral
arguments, and the facts revealed during the briefing in chambers by the Chief of Staff of
the Armed Forces of the Philippines and the National Security Adviser, wherein
petitioners and respondents were represented, that there exist factual bases for the
President's decision. Hence, this act cannot be said to have been done arbitrarily or
capriciously. Further, the ponencia (the coups, the communist threat, peace and order
issues especially in Mindanao, Marcos loyalists plotting) bolsters the conclusion that the
return of Marcos will only exacerbate the situation in the country.

Another reason of the Court...We cannot also lose sight of the fact that the country is
only now beginning to recover from the hardships brought about by the plunder of the
economy attributed to the Marcoses and their close associates and relatives, many of
whom are still here in the Philippines in a position to destabilize the country, while the
Government has barely scratched the surface, so to speak, in its efforts to recover the
enormous wealth stashed away by the Marcoses in foreign jurisdictions.